Absconder in ni act

vamsi (Querist) 12 February 2016 This query is : Resolved
dear Advocates,
Recently one of my debtor gave me a cheque and it is dishonoured and i got to know that due to heavy debts he is absconded from the city. i dont know where he is. statutory notice is returned as door locked, and a complaint filed in local police station against his family as cheaters. i need to file a complaint against him u/s. 138 of NI Act. with that i want to request the court to declare him as a absconder u/s. 82 of crpc and gave the orders accordingly.
1.Is this possible to request the court at the time of filing compliant u/s. 138 of NI Act?

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SURESH BV, Advocate (Expert) 12 February 2016
No. Not possible. The Court will follow the rules in serving the summons to the Accused. Offence under Section 138 of NI Act is a summons case and bailable.

Devajyoti Barman (Expert) 12 February 2016
No, only after the service of summons if the accused person fails to appear in the case then only the court first issues W/A and if it is not executed then only he is declared proclaimed offender.

Rajendra K Goyal (Expert) 12 February 2016
Agree with the expert Devajyoti Barman.

SAINATH DEVALLA (Expert) 13 February 2016
First start from the preliminary stage of ni act instead of wasting the statutory time. Agree with Adv Barman

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